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Third Party Liability Waiver for the United Kingdom

Third Party Liability Waiver Template for England and Wales

A Third Party Liability Waiver is a legal document under English and Welsh law that releases specific parties from potential legal claims or liability arising from defined activities or circumstances. The document must comply with the Unfair Contract Terms Act 1977 and cannot exclude certain types of liability such as death or personal injury caused by negligence. It establishes clear parameters for risk allocation and protection while maintaining compliance with statutory requirements.

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Third Party Liability Waiver

Let tiktok成人版's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Third Party Liability Waiver?

A Third Party Liability Waiver is essential in situations where organizations need to manage risk exposure from third parties while conducting their business activities. This document, governed by English and Welsh law, provides a framework for allocating risk and protecting parties from potential claims, while ensuring compliance with statutory requirements including the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015. It's particularly valuable in high-risk activities or where multiple parties are involved in service delivery or operations.

What sections should be included in a Third Party Liability Waiver?

1. Parties: Identifies all parties involved in the waiver agreement, including the party giving the waiver and the party receiving it

2. Background: Explains the context and purpose of the waiver, including the activities or circumstances giving rise to the need for the waiver

3. Definitions: Defines key terms used throughout the document, including scope of liability being waived

4. Scope of Waiver: Details the specific liabilities, claims, and rights being waived, including geographical and temporal scope

5. Exceptions to Waiver: Lists statutory exceptions that cannot be waived under English law, including death, personal injury, and fraud

6. Duration: Specifies the time period for which the waiver remains valid and effective

7. Governing Law and Jurisdiction: Confirms the agreement is governed by English and Welsh law and specifies jurisdiction for disputes

What sections are optional to include in a Third Party Liability Waiver?

1. Insurance Requirements: Used when specific insurance coverage must be maintained by either party

2. Indemnification: Used when additional protection against third party claims is required beyond the basic waiver

3. Consideration: Used when there is specific payment or value exchange for the waiver

4. Third Party Rights: Used to explicitly exclude or include rights under the Contracts (Rights of Third Parties) Act 1999

What schedules should be included in a Third Party Liability Waiver?

1. Schedule 1 - Covered Activities: Detailed list of specific activities, events, or circumstances covered by the waiver

2. Schedule 2 - Specific Risks: Comprehensive list of risks and potential liabilities being waived

3. Schedule 3 - Insurance Requirements: Detailed specifications of required insurance coverage, limits, and terms

4. Schedule 4 - Related Parties: List of additional parties covered by or benefiting from the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Liability Waiver

Sector

Sales

Cost

Free to use
Relevant legal definitions





















Clauses




















Industries

Unfair Contract Terms Act 1977: Primary legislation governing unfair terms in contracts, including restrictions on excluding or limiting liability. Introduces the reasonableness test for exclusion clauses.

Consumer Rights Act 2015: Key legislation providing additional protections when dealing with consumers, including requirements for fair and transparent terms and specific protections against unfair terms.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, crucial for determining the scope and effectiveness of third-party waivers.

Supply of Goods and Services Act 1982: Legislation setting out implied terms in contracts for goods and services, which may affect what can and cannot be waived.

Doctrine of Privity: Common law principle stating that only parties to a contract can enforce its terms, important for understanding the basic framework of third-party rights.

UCTA Reasonableness Test: Legal requirement that liability exclusion clauses must be reasonable to be enforceable, as established under the Unfair Contract Terms Act 1977.

Incorporation of Terms Principle: Common law principle requiring contractual terms to be properly incorporated into the agreement for them to be binding.

Death/Personal Injury Liability: Statutory prohibition on excluding liability for death or personal injury caused by negligence - cannot be waived under any circumstances.

Consumer Protection Act 1987: Legislation restricting the ability to exclude liability for defective products, particularly relevant in consumer contexts.

Fraud Liability Exclusion: Legal principle that liability for fraud or fraudulent misrepresentation cannot be excluded or limited by contract terms.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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